THIS TRIAL CHAMBER of the International Tribunal for the Prosecution
of Persons Responsible for Serious Violations of International Humanitarian
Law Committed in the Territory of the Former Yugoslavia since 1991 ("the
International Tribunal"),

BEING SEISED of a "Prosecution Application Under Rule 89 (F) to
Admit the Statements of Witness Hrvoje Sarinic in Evidence", seeking the
admission of two statements of that witness dated 6 December and 9 December
2003 under Rule 89 (F) of the Rules of Procedure and Evidence of the International
Tribunal ("Rules"),

NOTING Rule 89 (F), which provides as follows: "A Chamber may receive
the evidence of a witness orally or, where interests of justice allow, in written
form",

NOTING the decision of the Appeals Chamber, which held that Rule 89
(F) allows for the admission of a written witness statement when the witness:

is present in court;

is available for cross-examination and any questioning by the judges; and

attests that the statement accurately reflects his or her declaration and
what he or she would say if examined,1

CONSIDERING that the determination of whether the interests of justice
favour the admission of a written statement under Rule 89 (F) as evidence-in-chief
is made by the Trial Chamber in relation to each individual witness, in light
of not only the surrounding circumstances, but also the evidence to be given
by the witness,2

NOTING that areas of the two statements go to the acts and conduct of
the Accused himself, but that it is in the interests of justice to admit those
parts of the statements which do not under Rule 89 (F), subject to fulfilment
of the criteria set out by the Appeals Chamber,

PURSUANT TO Rules 89 (F) of the Rules,

HEREBY ORDERS as follows:

Those parts of the written statements of witness Hrvoje Sarinic dated 6
December and 9 December 2003 that do not concern the meetings at which the
Accused was said to be present, shall be admitted pursuant to Rule 89 (F)
subject to the following:

appearing in court for cross-examination and any questioning by the Judges;
and

attesting that his statements accurately reflect the evidence each witness
would give if examined.

Done in English and French, the English text being authoritative.

__________
Richard May
Presiding

Dated this eighteenth day of December 2003
At The Hague
The Netherlands

[Seal of the Tribunal]1. Prosecutor v. Slobodan Milo{evi}, "Decision
on Interlocutory Appeal on the Admissibility of Evidence-in-Chief in the Form
of Written Statements," Case No. IT-02-54-AR73.4, 30 September 2003, p.11.
2. Ibid., para. 21.